This type of attorney is the one who represents and advises the members of the board of the homeowners association on many different matters related to property rights and contracts. An HOA attorney is generally in charge of writing the community rules to comply with current law. They will also provide extensive advice to association members on organizational structure and leadership responsibilities and help enforce rules against homeowners. A HOA attorney can also represent the association if lawsuits have been filed and advises residents and board members on their rights under the law.
This law is a very specific branch of property law, which is important for the maintenance and creation of a property system. These property laws can help guide the buying and selling of properties. Property laws classify the power that the association can control and set the parameters for how that power can be enforced. When the community agrees to abide by a uniform set of rules, they are enforced by the homeowners association board, which is usually filled by election and is made up of individual residents of the community.
Because this board is like a quasi-legal entity that has its own isolated rules, it is very important that the board of the homeowners association have legal representation to ensure that all actions it takes comply with current laws. The HOA attorney’s job will be to represent the HOA board. The HOA attorney’s work is primarily focused on advising by helping them review and update the rules so they do not violate any applicable laws.
Other jobs an HOA attorney might do may include:
• Enforce the rules against any non-compliant landlord by contacting the landlord to explain the violation and try to find a resolution that is friendly to the landlord and the board. If the homeowner does not cooperate, the attorney will initiate contempt filings or legal action.
• They can represent the homeowners association in any legal proceeding outside the association, such as legally dealing with a contractor who did a poor job in development. The HOA attorney will see the compensation and, if necessary, sue the contractor.
• If the homeowners association is sued, the HOA attorney would defend the homeowners association in the case.
The HOA attorney is the legal voice of the association board and is generally not a full-time job. Many times, this attorney will represent multiple homeowners associations at once or will represent them and have a property law practice.